1. With a view to buy a ‘Honda Amaze EMT’ car at Rs. 7, 02.600/- for earning his livelihood the complainant visited the show room of the OP namely ‘Shree Honda’ having its office at Action area- II Plot No. - AAII D/9 New Town, Rajarjat on 02.03.2017 and booked a car of the said brand by paying Rs. 55,000/- in cheque no. 001329 drawn on ICICI Bank, Alipur Branch. But a mishap took place for which the complainant fell prey to financial hardship. Under such a situation the complainant arrived at a decision not to go for purchase of the said car, consequently he approached the OP with prayer for refund of Rs. 55,000/-. The OP assured refund but took time of 60 days for doing so. But ultimately no refund was made and this is why he has filed this case against the OP on 16.12.2020 seeking refund with compensation of Rs. 1,00,000/- and litigation cost of Rs. 50,000/-.
2. The OP contested the case by filing W/V. All the material averment made in the complaint were denied by the OP under W/V and it was asserted that complainant issued  a declaration on 02.03.2017 that the paid amount would be not refundable in case of cancellation after receipt of offer letter. The W/V further states that the OP persuaded the matter with State Transport Authority and obtained the offer letter for grant of contract garage/ luxury taxi permit for entire West Bengal on 13.04.2017. The OPs has therefore, sought for dismissal of the case mainly on the ground that the paid amount is not refundable.
3. The only question which is required to be decided in this case is whether the complainant is entitled to the reliefs sought for or not.
4. It needs to be mentioned here that both the parties have laid evidence in support of their respective case and it is an admitted position that Rs. 55,000/- was paid by the complainant on 02.03.2017 towards purchase of a ‘Honda Amaze EMT’ car. It is also an admitted fact that a declaration was signed by the complainant on 02.03.2017 to the effect that the said amount of Rs. 55,000/- would be non-refundable in case of cancellation of booking after the receipt of offer letter. It is also an admitted position that the said booking was cancelled by the complainant due to his financial crisis. Now it has to be decided in the light of the aforesaid declaration as to whether Rs. 55,000/- is refundable or not.
5. The booking of a commercial car for the purpose of earning his livelihood. The case as such, come within the ambit of Consumer Protection Act. The declaration made on 02.03.2017 is undoubtedly one sided one. The buyer had no option but to sign the form to complete the booking process. True it is that the OP took certain steps for obtaining the permit from State Transport Authority and had to incur with some expenses thereof. But that does not mean that the OP acquired a right thereby to swallow entire booking amount. It also stands to reason that a sum of Rs. 5,000/-10,000/ had to be spent thereof. The OP who therefore not be allowed to collect Rs. 55,000/- from the complainant basing upon his one sided and unreasonable declaration. Similar view was taken by the Hon’ble Apex Court while deciding Civil Appeal No. 6044 of 2019 on 07.04.2022, the Hon’ble Apex Court had made it clear that collection of such a declaration from the complainant brings the OP under the mischief of unfair trade practice as defined u/s 2(1) (r) of Consumer Protection Act. For having the grains to constitute unfair trade practice the declaration signed by the complainant cannot be upheld in its entirety. But a fair deduction of Rs. 10,000/- from the booking amount of Rs. 55,000/- may be permissible in view of the steps taken by the OP for getting permit from the State Transport Authority. The complainant is therefore, entitled to refund of Rs. 45,000/-. He will also get some compensation for the agony and harassment he has undergone in the meanwhile due to the unfounded abstention on the part of the OP from making refund. Considering the volume of his agony and harassment compensation amount may be worked out at Rs. 25,000/-. He will also get litigation cost of Rs. 25,000/-.

The case is thus disposed of with the following directions:-

1. The OP will return Rs. 45,000/- to the complainant within 45 days with interest @9% p.a. from the date of payment till realization failing which the amount will accrue interest @12% p.a.
2. The OP will also pay cost of compensation of Rs. 25,000/- and litigation cost of Rs. 25,000/- totaling Rs. 50,000/- to the complainant within 45 days hence failing which the amount will carry interest @12% p.a.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and Corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT